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What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More 
answered on Mar 21, 2025
Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father... View More
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More
answered on Mar 21, 2025
Your best bet is to file an affidavit of confirmation along with a copy of your grandfather's death certificate with the county recorder's office. That will provide notice that the property is now titled in your dad's name. You will also need to file appropriate documents with the... View More
I encountered a big piece of plastic on the highway today, which caused damage to my car. I've already filed a police report regarding the incident. Who is responsible for the property damage in this situation?
answered on Mar 20, 2025
An Ohio attorney could advise best, but your question remains open for a week. It could be argued as the responsibility of the owner or the transporter. In some instances, possibly the responsibility of the applicable DOT. However, these are difficult claims in general. A common response is usually... View More
My mother passed away without a will, leaving behind a house and a car, with no known debts. My sister has been residing in the home and managing the property. There are no disputes among family members regarding the estate, and we haven't initiated any legal proceedings yet. How should we... View More
answered on Mar 16, 2025
Unless your mother had beneficiaries on her house and her car, you will have to open a probate estate to distribute the assets. I suggest you contact an attorney who works in probate in the county where your mother lived. They can guide you as to the best time to file, who will need to be... View More
I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More
answered on Mar 13, 2025
The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More
I was sitting at a red light when an out-of-control vehicle struck my box truck in Cleveland, OH. The driver had no insurance, and I only have liability coverage. There was extensive damage to my truck, which I use for work, and I was out of work for 3 days. I paid for a rental before buying a used... View More
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answered on Mar 11, 2025
It's going to be tough for you to find an attorney for this. In general motor vehicle accidents are handled on a contingent basis when the other side has insurance. Without insurance, there is little guarantee of actual payment out of the judgment. This is something you could probably file... View More
My father recently passed away in Ohio, and he was contacted about a settlement related to his father's land with oil rights. There was no will, and my mother has a marriage certificate as his widow. My father had children from a previous relationship, and they are claiming they should split... View More
answered on Mar 10, 2025
The actual answer is within Ohio's Statute of Descent and Distribution R.C. 2105.06 (C) states that if the person dies the property passes as follows:
"If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is... View More
I record all my phone calls, and I have a recording of my child from such a call. My attorney has advised me that in the state of Ohio, a recording of a child is not admissible in custody court under any circumstances. The only previous custody hearing was the initial divorce, at which time there... View More
answered on Mar 9, 2025
I believe you should listen to your attorney. I would be highly offended if one of my clients were trying to crowdsource a second opinion. Trying to use a recording of a child in court is highly inadvisable. It never sounds the way to a judge the way a client thinks it will. At the most i... View More
I met someone online who guided me to invest in cryptocurrency through a trading app. Initially, I invested $1,300, then the person lent me $10,000 and later another $151,000 through the app to increase my trading amount. In December, the platform froze my account and demanded various fees to... View More
answered on Mar 7, 2025
This is a very common fraud scheme. People all over the world, including Russia, suffer from it. If the scammers act quickly and professionally, hide their IP addresses and use other security measures, it is unlikely to find them. Moreover, you have no idea what country they are actually in. Some... View More
I have an insurance policy document that my mother took out in 1976 with myself listed as the beneficiary. When I inquired with the company they said that I was not listed as the beneficiary even though I have document indicating that.
Then they said that the "beneficiary might have... View More
answered on Mar 7, 2025
An Ohio attorney could advise best, but your question remains open for a month. What the insurance carrier is telling you about the beneficiary possibly changing could be true. They don't really have an incentive to lie about who a beneficiary is - they make payment one way or the other, based... View More
I signed a handwritten note detailing some terms for property separation, child support, and 401k division, intending it for a dissolution. The note was not signed by my spouse, nor was it notarized or witnessed. Later, I decided to change my stance on these terms, and my spouse filed for divorce... View More
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answered on Mar 6, 2025
Unlikely. Ohio now allows for post-marital agreements that would govern the terms of a property division in divorce but they are enforceable only in the following situations.
(A) The agreement is in writing and signed by both spouses ;
(B) The agreement is entered into freely... View More
I want to file for divorce after 9 years of marriage in Ohio. We have no children, no assets, no debts, and I'm not seeking any specific arrangements like spousal support. How should I proceed?
answered on Mar 5, 2025
If you and your spouse can agree on the terms of terminating your marriage, it can proceed as a dissolution, which can be quicker and less expensive. Use the Find a Lawyer tab to consult some local family law attorneys who can review the process and answer your questions. Many offer free... View More
I am aware of a situation where the daughter of church pastors made allegations of sexual assault against her brother, and this has led to over 10 other women revealing similar under-aged sexual assault allegations. The cases are under investigation. Three whistleblowers went to social media to... View More
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answered on Mar 4, 2025
Ohio recently passed an anti-SLAPP statute, R.C. 2747.01, et seq, which can provide protection and a counterclaim for allegations of slander or defamation when the speech was protected speech.
The statute, R.C. 2747.01, et seq., “applies to a cause of action asserted in a civil action... View More
I have a medical marijuana license and live in an apartment where I recently received a verbal complaint from the maintenance man about the smell of marijuana. Can I be evicted from my apartment for smoking marijuana under these circumstances?
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answered on Mar 4, 2025
Yes, for two reasons.
1) Under Ohio's medical marijuana law, the marijuana may not be smoked, so you would be using the medical marijuana in violation of statute.
2) Ohio's medical marijuana law makes explicit exemptions for employment and other discrimination actions.... View More
I have lived in my home in Ohio for 2.5 years without a formal lease. Recently, a woman claiming to have power of attorney for my landlord, and identifying herself as his niece, demanded rent payment and threatened eviction if I don't provide proof of payment to her. She has not shown any... View More
answered on Mar 3, 2025
Without a written lease, a tenant is a month-to-month tenant whose tenancy can be terminated by giving a 30 day written notice. If the tenant does not leave, then the landlord can file an eviction action. A person can execute a power of attorney (POA) to appoint an agent who can take legal... View More
I would like to know the steps involved in obtaining a trademark for my clothing brand name in the U.S., with the possibility of registering it internationally in the future. I don't believe the trademark is currently in use, but I'm unsure where to check this. I want to register it as... View More
answered on Mar 2, 2025
In order to file a trademark in the US for clothing you must file a Trademark Application with the USPTO in class 025. You should conduct a trademark search on the USPTO website before filing the mark. You may file an intent-to-use mark to hold begin the process to secure you rights in the... View More
I am representing myself in a family law case in Ohio, involving a motion to change parenting time and visitation schedules. The trial is set for April 18, 2025, and I need to submit an exhibit list 14 days before the trial date. The case concerns modifying visitation due to the father's... View More
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answered on Feb 28, 2025
Don't overthink this. Make a list of all the documents that you want to present. Put the court information at the top of the list along with a caption like "Plaintiff's Exhibit List". File it with the clerk of courts and serve it on all other parties.
The judgment from my divorce in Ohio entitles me to 50% of my ex-wife's pension, but she recently retired and I have not yet received anything. I haven't obtained a Qualified Domestic Relations Order (QDRO) or contacted the pension plan administrator. We haven't discussed this issue... View More
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answered on Feb 28, 2025
Contact the plan administrator regarding the situation and ask if they have their own preferred QDRO, which they probably do, for the division. Draft the QDRO according to their requirements and get it approved by them. Then file the QDRO with the DR court, and give a copy of the court approved... View More
In 2019, my ex-partner and I rented a townhouse apartment together, but only I signed the lease. She left after we broke up, and I was left to cover the bills. A roommate I found took the money meant for the last month's rent, leading to an eviction on the record. My ex is now demanding that I... View More
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answered on Feb 28, 2025
If she had already vacated then there shouldn't have been an eviction against her. She could file a motion to overturn or seal it. It is unlikely that she would have a case against you.
If the landlord sought money damages against her, then she at least was on a month to month lease... View More
I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More
answered on Feb 27, 2025
The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More
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